Merit Restoration Act

A Federal research agency may not use any prohibited diversity, equity, or inclusion practice in awarding, evaluating, or continuing a Federal research grant.

A recipient of a Federal research grant may not use any prohibited diversity, equity, or inclusion practice in carrying out the Federal research grant.

If a recipient of a Federal research grant engages in a prohibited diversity, equity, or inclusion practice in a manner alleged to be in violation of the prohibition described in subsection (a)(2) with respect to such Federal research grant, the Federal research agency that awarded the Federal research grant—

(1) shall freeze the receipt of Federal funds with respect to the Federal research grant; and

(2) if the Federal research agency determines that the recipient committed such a violation, shall require the recipient to repay any Federal funds used pursuant to the violation with respect to the Federal research grant.

Subsection (a) shall apply with respect to an agreement for a Federal research grant entered into on or after the date of the enactment of this Act.

In this section:

The term Federal research agency means any Executive agency (as defined in section 105 of title 5, United States Code) that awards, administers, conducts, or supports scientific, medical, technological, engineering, or other research activities through Federal funds, Federal research grants, contracts, cooperative agreements, or direct operations.

The term Federal research grant —

(A) means a grant awarded by a Federal research agency to support a systematic study directed toward fuller scientific knowledge or understanding of the subject studied;

(B) includes—

(i) an activity involving the training of an individual in a research technique, if such activity—

(I) uses the same facilities as other research and development activities; and

(II) is not included in the instruction function; and

(ii) a subgrant awarded by an entity that is not part of the Federal Government to carry out a grant program; and

(C) does not include—

(i) direct cash assistance provided by the Federal Government to an individual;

(ii) a subsidy;

(iii) a loan;

(iv) a loan guarantee; or

(v) insurance.

The term prohibited diversity, equity, or inclusion practice means—

(A) discriminating for or against any person on the basis of race, color, ethnicity, religion, biological sex, or national origin;

(B) requiring as a condition of employment, as a condition for promotion or advancement, or as a condition for speaking, making a presentation, or submitting written materials that an employee undergo training, education, coursework, or other pedagogy that asserts that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; or

(C) requiring as a condition of employment, as a condition for promotion or advancement, or as a condition for speaking, making a presentation, or submitting written materials the signing of or assent to a statement, code of conduct, work program, plan, or other similar device that requires assent by an employee that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged.